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25. If the Seller problems a Credit Note to the Buyer (whether on request by the Buyer, by its own volition or otherwise), the Buyer agrees that the problem of the Credit Note is an act of business good faith by the Seller and not an admission of liability to the Purchaser in relation to any of the matters relating to the issue of the Credit Note.

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If the Seller thinks about the Quote contains a mistake, such a miscalculation of the Purchase Cost, the Seller may at any time, including after shipment of the Product, cancel this agreement without liability to the Buyer. If the agreement is cancelled after delivery of the Item, the Purchaser will make the Item readily available for collection by the Seller when needed by the Seller.

If the Seller considers that the Purchase Cost has been miscalculated and chooses not the cancel the contract, the Purchaser will pay to the Seller, as needed, the distinction in between the Purchase Rate and the price that would have been the Purchase Rate if the mistake had actually not been made.

The Seller reserves the list below rights in relation to the Item till all accounts owed by the Buyer to the Seller are fully paid: (a) legal ownership of the Product; (b) to enter the Purchaser's facilities (or the properties of any associated Business or agent where the Item lie) without liability for trespass or any resulting damage and to acquire the Goods; and (c) to keep or resell any Product repossessed pursuant to (b) above.

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If the Item are re-sold, or products produced using the Product are offered by the Buyer, the Purchaser shall hold such part of the profits of any such sale as represents the invoice rate of the Product offered or used in the manufacture of the Goods offered in a separate identifiable account as the advantageous home of the Seller and shall pay such amount to the Seller upon demand.

30. The Seller's property in the Item is not affected by the truth that the Product become fixtures attached to the facilities of the Buyer or a 3rd celebration, and if the Seller gets in those premises for the purpose of recovering ownership of the goods, and incurs any liability to anybody in connection with the entry, the Buyer indemnifies the Seller versus that liability. Nutritionist in Mullaloo .

Our liability in respect of any defect in, or failure of the products provided, or for any loss, injury or damage attributable to such defect or failure, is limited to making great the defect or failure at our own expense. Our assurance period is 12 months from the date of acceptance of the goods, and is just valid for problems or failure under appropriate usage and which arise solely from defective design, products or workmanship.

Without limiting the generality of the forgoing, we will be under no liability whatsoever for any substantial loss or damage suffered by the buyer. 32. Other than as supplied in provision 35, all reveal and indicated service warranties, warranties and conditions under statute or general law as to: (a) merchantability, description, quality, suitability or fitness of the Item for any purpose; or (b) design, assembly, installation, products or craftsmanship; or (c) advice, suggestions, details or services offered by the Seller, its employees, servants or agents to the Purchaser regarding the Product, their use and application, are expressly excluded.

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The Seller shall not be liable to the Buyer for physical or monetary injury, loss or damage or substantial loss or damage of any kind arising out of or in relation to the Goods including loss or damage developing as an outcome of: (a) the Seller's or the Seller's agents or employee's carelessness; (b) the supply, design, assembly, installation, or operation of the Item; or (c) the recommendations, recommendations, information or services provided by the Seller or the Seller's agents or employees.

34. If the Product are faulty, the Seller will make great the flaw by doing any among the following at its choice: (a) fixing the Product; or (b) replacing the Goods; or (c) taking the goods back and crediting the Purchaser with the Purchase Cost if it has actually been Paid.

35. If the Seller is responsible for a breach of a condition or warranty indicated by Division 2 of Part V of the Trade Practices Act 1974 (other than Section 69) such liability is thus restricted to: (a) the replacement of the Goods or supply of comparable Item, or (b) the repair of the Product; (c) the payment of the expense of changing the Product or getting equivalent Item; (d) the payment of the cost of having actually the Item fixed (Nutritionist in Tapping Western Australia).

36. The Buyer must not return any Item which the Purchaser claims are not in accordance with the contact or Quotation unless the Seller has first offered its (written) approval to their return. Their return needs to then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, particulars of weights and measurements contained in our catalogues, price lists and other advertising matter, are planned simply to give an indication of the products explained therein and none of these will form part of the contract unless particularly concurred in composing.

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38. Where our patents, registered designs or copyright features are embodied in the style of the products, an imprint to that result may be attached and it must not be defaced obliterated or removed from the goods. Unless otherwise agreed we shall be entitled to compose or affix our name or trade plate on the goods. Group Training in Brabham .

If the Seller has followed a style or directions given by the Buyer, the Buyer shall indemnify the Seller against all damages, charges, expenses and expenses of the Seller developing from any violation of a patent, hallmark, registered style, copyright or typical law right. The Purchaser on its part warrants that any design or instruction given by it will not trigger the Seller to infringe any patent, registered design, hallmark, copyright or typical law right.

Agreements and shipments may be suspended in the event of any strike, lock out, trade dispute, fire, tempest, breakdown, mishap, riot, theft, crime, civil disruption, war, or other force majeure, or other event or cause beyond our control avoiding or postponing the execution or performance of any contract, and no responsibility will connect to us for any default, loss, damage or delay due to any of the passing up causes.

No conditions, terms, covenants, service warranties and guarantees whatsoever on our part whether revealed or implied will form part of this contract unless specifically set forth in these in these conditions of sale or otherwise agreed by us in writing and unless expressly agreed by us in composing no arrangement for liquidated damages will form part of the contract.

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This contract is governed by Australian Law and all litigation in relation There to will be generated the Court of proper jurisdiction in Australia. 43 - Gym in Edgewater WA. Unless specified elsewhere it is the purchaser's duty to obtain any licenses and approvals. Where any costs are incurred to obtain such approvals these will be to the purchaser's account.

We will be alleviated of our liability or duty of efficiency of this agreement wherever and to the degree to which fulfilment of the same is avoided, annoyed or hindered as a consequence of any statute, guideline, guideline, order in council or by-law or appropriation order or judgment made there under.

45. 1 In this clause financing statement, financing change statement, security arrangement, and security interest has the meaning offered to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in composing the Customer acknowledges and agrees that these terms and conditions make up a security contract for the functions of the PPSA and creates a security interest in all Product that have actually formerly been supplied which will be provided in the future by FLEX FITNESS Devices to the Consumer.